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Castleton Pres. Hous. Co. v. Mitchell

Tenant Granted Dismissal of Nonpayment Proceeding as Rent Demand Improper

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Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motions:Papers: NumberedRespondent’s Notice of Motion, Affirmation in Support of Counsel, Affidavit of Shamel Mitchell, and all Exhibits annexed thereto 1Petitioner’s Affirmation in Opposition and all Exhibits annexed thereto             2Respondent’s Reply Affirmation in Support and all Exhibits annexed thereto    3DECISION/ORDER

*1 Upon the foregoing cited papers, the Decision/Order on Respondent’s motion to dismiss this Non-Payment proceeding pursuant to CPLR §§3211 and 3212 is granted and the case is dismissed. The rent demand is improper insofar as it seeks rents for a period prior to Respondent’s succession and while no Landlord/Tenant relationship existed and therefore the pleadings fail to state a cause of action upon which relief may be granted.A summary Non-Payment proceeding must be based on a tenant’s default on a agreement to pay rent. Strand Hill Assoc. v. Gassenbauer, 41 Misc. 3d 53 (App. Term 2nd, 11th & 13th Jud. Dists. 2013). See also RPAPL §711. In this case Respondent, Tenant-Of-Record’s (TOR) grandson, requested succession via HPD form application on October 17, 2016, less than one

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